R v S

R v S

The English court does not have jurisdiction to determine residence for children habitually resident in Panama, given the prior consent order, transfer of jurisdiction, and absence of compelling welfare concerns. Panama is the appropriate forum for residence issues.

Parties
Applicant: R; Respondent: S
Jurisdiction
England and Wales
Judgment Date
21 December 2006
Procedural Posture
Family / Jurisdictional Determination Prior to Review Hearing
Outcome
Residence application stayed; English court retains jurisdiction only for contact review.
Legal Topics
Jurisdiction, Residence Orders, Contact Orders, Forum Conveniens
Family Law International Child Law Jurisdiction Residence Orders Contact Orders Forum Conveniens

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

R

Applicant

S

Respondent

Procedural Posture

Family / Jurisdictional Determination Prior to Review Hearing

Legal Issues

  1. 1 Whether the English court has jurisdiction to make residence orders for children habitually resident in Panama
  2. 2 Whether the review hearing includes residence as well as contact
  3. 3 Appropriate forum for determining residence issues

Ratio Decidendi

The English court does not have jurisdiction to determine residence for children habitually resident in Panama, given the prior consent order, transfer of jurisdiction, and absence of compelling welfare concerns. Panama is the appropriate forum for residence issues.

Court Disposition

Residence application stayed; English court retains jurisdiction only for contact review.

Orders

  • Stay of residence application in England; residence issues to be determined in Panama.
  • Contact review to proceed in English court as previously ordered.